Cambridge Valley National Bank v. Lynch
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, which dismissed an appeal from an order sustaining a demurrer to the complaint herein. The facts appear sufficiently in the opinion. The decision appealed from was an interlocutory judgment,, and was, as such, appealable. (New Code, § 1349; Van Gelder v. Same, 13 Hun, 118; Old Code, § 349, subd. 2;. id., § 245; Belmont v. Ponvert, 3 Robt., 696; Bentley v. Jones, 4 How.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, which dismissed an appeal from an order sustaining a demurrer to the complaint herein. The facts appear sufficiently in the opinion. The decision appealed from was an interlocutory judgment,, and was, as such, appealable. (New Code, § 1349; Van Gelder v. Same, 13 Hun, 118; Old Code, § 349, subd. 2;. id., § 245; Belmont v. Ponvert, 3 Robt., 696; Bentley v. Jones, 4 How. Pr., 335; 1 Barb. Ch. Pr. [2d ed.], 326, 336-337; 1 Bouv. L. Dict., title Judg., ¶ 24; New Code, § 1201.) The order appealed from,…
1Opinion of the CourtMiller, J.
This was an action upon a promissory note. The defendant demurred to the complaint, and the demurrer was sustained, and leave granted to amend the complaint, upon the usual terms. The plaintiff then appealed to the General Term, and that court dismissed the appeal, upon the ground that the decision was not appealable, for the reason that it was an order, and not an interlocutory judgment. The plaintiff claims that the order is an interlocutory judgment, and, as such, is appealable.
Under the old Code of Procedure, § 349, sub. 2, provision is made for an appeal from an order, when it sustains…
2Cases cited2 opinions
- Morris v. . MorangeNew York Court of Appeals · 1868
- Bentley v. JonesNew York Supreme Court · 1850
3Cited by38 opinions
- Texas Land & Loan Co. v. WinterTexas Supreme Court · 1900
- Kuehn v. KuehnCourt of Appeals of Texas · 1921
- Buffalo Electric Co. v. StateNew York Court of Appeals · 1964
- Shah v. 20 E. 64th St., LLCAppellate Division of the Supreme Court of the State of New York · 2021
- Smith v. ElyAppellate Terms of the Supreme Court of New York · 1905
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